Can My Umemployment From Arizona Be Garnished If I Live in Texas?

Garnishment laws differ from one state to another and your unemployment benefits are protected by the state in which you live. Consequently, Texas garnishment laws differ from those in Arizona.

The Facts

In Texas, it is illegal to garnish unemployment wages for any debts except child support arrearages. In Arizona, unemployment benefits are not exempt from garnishments of any kind.

Significance

To garnish income, the creditor must sue you in the state in which you live, the residence where the writ of garnishment is served. Once a garnishment is granted, the creditor must follow that state's rules for garnishments. This is true no matter where your income comes from.

Considerations

Texas case law, or the results of past cases heard in Texas, does show that judges can uphold garnishment orders issued from other state. This means that a garnishment order from Arizona on your Arizona wages may be allowed despite your residence in Texas. Each case is different and must be argued by professionals.

References

• Legal Hotline for Texas: Rights of Debtors
• University of Arizona: Bankruptcy Law Research Guide
• Spain Chambers: Interstate Garnishment